Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1951 (5) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1951 (5) TMI 22 - SC - Indian Laws

Issues:
- Appeal against acquittal
- Evidence evaluation in murder case
- Motive for murder
- Witness credibility and reliability
- Interference with order of acquittal

Analysis:

1. Appeal against acquittal:
The State appealed against the acquittal of the appellants by the Sessions Judge in a murder case. The High Court set aside the acquittal and convicted the appellants under Sections 147 and 302/149 of the Penal Code. The appellants then approached the Supreme Court on special leave. One of the accused had already passed away before the appeal process.

2. Evidence evaluation in murder case:
The prosecution's case revolved around the murder of Sikandar Khan, witnessed by his son and others. The High Court analyzed the evidence meticulously, emphasizing the credibility of eyewitnesses. The Sessions Judge had acquitted the accused due to doubts about the eyewitness accounts, but the High Court found the witnesses' testimonies reliable and convicted the accused based on their statements.

3. Motive for murder:
The murder took place in a village divided into two factions led by Sikandar Khan and Munir Khan. Previous criminal proceedings and hostilities between the parties provided a motive for the murder. The court considered the background of animosity between the factions in assessing the case.

4. Witness credibility and reliability:
The witnesses, including the son of the deceased, were crucial to the case. The High Court disregarded the Sessions Judge's doubts about witness credibility and found the eyewitness accounts consistent and trustworthy. The court highlighted the importance of eyewitness testimony in establishing the guilt of the accused.

5. Interference with order of acquittal:
The Supreme Court emphasized that interference with an order of acquittal should only occur for compelling reasons, not merely based on a different interpretation of the evidence. In this case, the Supreme Court concluded that the Sessions Judge's acquittal was appropriate, indicating that the High Court's grounds for overturning the acquittal were insufficient.

In conclusion, the Supreme Court allowed the appeal, reinstating the order of acquittal by the Sessions Judge. As a result, the appellants were acquitted of all charges and set at liberty.

 

 

 

 

Quick Updates:Latest Updates